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Cohabitant Now Includes Sexual Partners Historically in Utah a person could be charged with domestic violence only if the alleged domestic violence victim was the spouse of the perpetrator or at least closely related or associated by blood or children. Utah makes domestic violence offenses specific to perpetrators and “cohabitants.” A “cohabitant” included, until recently, only the following: Your husband…

The spousal privilege can be used to protect a marriage from an overbearing prosecutor. Domestic violence is one of the more common criminal charges brought in the State of Utah and one of the primary defense against such charges is the spousal privilege. Domestic violence is “any criminal offense involving violence or physical harm or threat of violence or physical…

Marriage and Divorce Statistics Go Hand in Hand How does Utah compare in divorce statistics? Where there’s marriage, there’s divorce. Let’s look at some marriage statistics in the U.S. and how Utah compares. Nevada showed the largest number of weddings nationwide with 28.6 marriages per thousand people; Idaho has 7.8 weddings for every 1000 people and comes it at number 10…

A Registry for Non-Violent Fraud-Related White Collar Crimes Some white collar convicted criminals must register with the State in Utah. The White Collar Crime Offender Registry of Utah was established in 2015 to expose individuals convicted of white collar crimes and make their information public. It was signed into law by the Governor on March 24, 2015. Persons convicted before…

How Does a Court Decide if an Alimony Award Should be Modified when A Spouse Retires? Does alimony constitute a material change in circumstances for purposes of modification? In 1975 Ronald and Paula Ann got married. Twenty-four years later they separated and a lengthy divorce action ensued. It wasn’t until 2008 that the divorce was finalized by way of a…

When is a Traffic Stop Prolonged? Cops can check identification during a traffic stop. The Utah Supreme Court addressed whether cops can runs identification checks when conducting a traffic stop. In the case before them, Martinez was the passenger in a car that was stopped for failing to properly signal a lane change. Utah Highway Patrol Trooper Horne stopped the…

The Utah Court of Appeals recently decided a concealed weapon case, State v. Isaacson. In October of 2013, the Draper City police received information from a library that Douglas Ewald Isaacson was carrying a concealed weapon without a concealed-carry permit. The police officers then learned that Mr. Isaacson was on his way to a nearby senior center, which was where…

Confidential Informant Law When can the identity of a confidential informant be disclosed? A Utah County officer was informed by a confidential informant that M.G. was selling ecstasy and had plans to attend a rave with friends. Consequently, officers pulled over a vehicle with M.G. driving and four passengers. The officers found the ecstasy pills in several locations of the…

In the matter of C.B.S. v. J.S.D. (In re E.K.S.), 2016 UT 56, Mother gave birth to her daughter (“E.K.S.”) while she was on probation and faced additional incarceration for other criminal activities. She entrusted E.K.S. to her sister and brother-in-law (“Adoptive Parents”) to take care of the daughter until Mother would be released. Mother did not comply with the…